The “Product Liability” law governs the liability of the manufacturer (or other provider) for products that injure anyone that uses them. This includes both manufacturers and dealers, as they are the ones that are in the best position to ensure the safety of their products. Any product produced and sold that has been determined to be dangerous leads those to be held accountable for consequential injuries.
In order to find if it is the manufacturer or dealer that is responsible for an injury, it is best to consult a knowledgeable, experienced Personal Injury attorney. It is the Personal Injury attorney that should advise anyone on whether or not a claim against a product provider should be filed as they have the experience and ability to assist clients in obtaining settlements to recover the compensation to which they are legally entitled.
The Plaintiff’s Burden in a Dangerous or Defective Product Personal Injury Case
Simply claiming a product was defective in design or production is not adequate for a product liability action. It has to be proven by the Plaintiff that the manufacturer was at fault and the product caused the injuries. This includes that the product was used as intended by the manufacturer or the manufacturer should have been able to predict that the product could be “misused” and a warning should have been established in the literature or packaging of the product.
The product’s possible dangers are the manufacturer’s responsibility. It is the Plaintiff’s responsibility to prove the product was the cause of the injuries with credible evidence. Design defects are much more difficult to prove. It often requires expert testimony and proof that the entire product line is subject to having the same defect, causing unreasonable hazards. Showing that the product was the single cause of the injuries may be complicated. If more than one cause is possible, it must be proven that the product defect was the main reason for the injuries.